Allahabad High Court
Victim Of F.I.R. No. 449 Of 2022 Thru. ... vs State Of U.P. Thru. Prin. Secy. Home ... on 1 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3182 of 2023 Petitioner :- Victim Of F.I.R. No. 449 Of 2022 Thru. Mother Mahesha Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Syed Mohammad Abid,Abdul Samad,Sonu Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Shubham Tripathi, learned counsel appearing on behalf of the King George's Medical University.
2. Sri Shubham Tripathi, learned counsel for the King George's Medical University, has produced before this Court the report of the Medical Board constituted on 26.04.2023 by the Principal Secretary, Health and Family Welfare.
3. The Board has submitted its report in a sealed cover, which was opened before this Court. In the said report, it has been stated that the victim has a fetus of 20 weeks and 5 days and she is otherwise physically fit to undergo Medical Termination of Pregnancy, however, any surgical procedure has its own complexity which cannot be foreseen. In case, she is admitted as soon as possible in hospital, the surgical procedure can be performed. It has further been stated that the DNA sample can also be collected by the Police from the hospital and sent to the Central Forensic Science Laboratory to aid in further investigation.
4. This Court takes on record the report dated 28.04.2023 prepared by the Medical Board, of which the Head of the Department of Obstetrics and gynecology of King George's Medical University was a member.
5. A direction is issued to the petitioner to get admitted to Queen Mary's Hospital immediately for the surgical procedure to be performed upon her. The Police is directed to coordinate with the hospital administration so that DNA sample of the fetus can be collected.
6. Learned counsel for the petitioner, at this stage, says that the petitioner is in Raebareli, because her matter is being taken up today by the Child Welfare Committee Raebareli.
7. This petition is disposed of with a direction to the petitioner to approach the Queen Mary's Hospital tomorrow and necessary action shall be taken thereafter by the Hospital Authorities. The Police is directed to coordinate with the hospital administration so that the DNA sample of the fetus can be collected at the earliest and sent to the Central Forensic Science Laboratory.
Order Date :- 1.5.2023 Rahul